Damages
- Compensatory: reparation of wrong by provision of money award, to return P to pre-tort position. Consists of personal/non-economic loss and economic loss
- Exemplary/Punitive: to punish D, demonstrates shared historical origin as Criminal law Overcompensates plaintiff representing departure from compensation principle. Only very modest amounts are awarded in Australia, available if D’s conduct was “high-handed, insolent, vindictive or malicious or…in some other was exhibited a contumelious disregard of the plaintiff’s rights”: (Uren v John Fairfax & Sons Ltd (1966) per Taylor J)
- Aggravated: extra compensatory amount for particularly humiliating, deliberate behaviour by D
Considered compensatory but resembles exemplary damages as they are not attempting to restore P
CLA s21: Limitation on exemplary, punitive and aggravated damages
In an action for the award of personal injury damages where the act or omission that caused the injury or death was negligence, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages. NB: These are no longer awarded for personal injury/death arising from negligence
- Nominal: token amount awarded in recognition of the technical invasion of P’s rights where no damage has been sustained (cannot be awarded in N)
- Contemptuous: trivial sums to reflect jury’s believe that claim should not have been brought. (Wynbergen v Hoyts Corporation: P slipped on employer’s wet floor, awarded initial GP visit’s cost)
#TortLaw
#Law
#JudicialRemedies
#Damages
#Negligence
#GratuitousCare
#PersonalInjury
#PunitiveDamages
#PainAndSuffering
#RestitutioAdIntegrum
#Tort
#WorkersCompensation
1
Found Helpful
4 Pages
Topic Notes
#TortLaw
#Law
#JudicialRemedies
#Damages
#Negligence
#GratuitousCare
#PersonalInjury
#PunitiveDamages
#PainAndSuffering
#RestitutioAdIntegrum
#Tort
#WorkersCompensation
1
Found Helpful
4 Pages
Topic Notes
This document is 5 Exchange Credits
Details
More about this document
This document has been hand checked
Every document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources.
These are Topic Notes
Topic Notes typically cover a topic (or several topics) in detail. They are not expected to cover all the topics in the course and are often less than 20 pages in length.
What are Exchange Credits?
Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free.
Satisfaction Guarantee
We want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee
Integrity
Studying with Academic
Integrity
Integrity
Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.
How Thinkswap works
Find the study resources that suit your needs
Browse 200,000+ study notes and past assignments.
Swap your credits
Earn credits by sharing your own documents or buy credits to access resources.
Study anytime
Access and download PDFs of your materials online or offline.
Let the revision begin
Browse UNSW Subjects
Thinkswap's high quality resources are categorised by subject or course.
Our Study Resources
Explore Thinkswap
Choose Region
Choose university or high school
Our Network
Trusted by students across the globe